Dep Y2K Enforcement Policy
September 1, 1999
Within the past few months, the State of Florida Department of Environmental
Protection (DEP) developed a new Y2K Enforcement Policy. The goal of the policy
is to encourage the testing of equipment with embedded computer chips that could
fail because of year 2000 computer disruptions. The Policy seeks to avoid
failure of these systems, which failure could result in releases, but the Policy
also accounts for relief from certain penalties because of a release if good
faith efforts were taken to prevent environmental violations. The DEP's Y2K
Policy is very similar to the EPA approach.
Regulated facilities have the burden to demonstrate they satisfied eight
criteria for the Y2K enforcement Policy to apply. The criteria can be summarized
as follows:
- Testing protocols are designed in advance of the equipment-testing period
and a real effort to evaluate Y2K compliance, not merely to circumvent
environmental compliance, is demonstrated
- Any potential violations were caused by the Y2K equipment tests
- Potential violations caused by the testing were necessary to determine
the effectiveness of Y2K-related modifications, part of a comprehensive testing
program to correct Y2K deficiencies, performed at least 30 days in advance of
Y2K dates in question, and the shortest possible test time was used
- All violations ceased at the end of the testing or were immediately
corrected
- Any releases are expeditiously remediated
- All reporting obligations were timely met
- Any re-testing conducted prior to the Y2K dates in question met all the
criteria in the Policy
- The facility fully cooperates with the DEP
In sum, the DEP is encouraging regulated facilities to prepare for the year
2000 by recognizing the potential for inadvertent releases and encouraging the
checking of specific components of systems designed to protect the environment
for Y2K readiness. Any questions about implementing the new Policy should be
directed to the State of Florida Department of Environmental Protection, Office
of General Counsel. Now is the time to make sure you qualify for the reduction
or elimination of civil penalties that may otherwise apply from environmental
violations caused during system testing.
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